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CQC whistleblower challenges Andrew Lansley over threat to sack her CQC whistleblower challenges Andrew Lansley over threat to sack her
(3 months later)
The whistleblower at the health regulator who had raised concerns over care at the Morecambe Bay NHS foundation trust has accused Andrew Lansley, the former health secretary, of giving an inaccurate account of the circumstances in which she spoke out.The whistleblower at the health regulator who had raised concerns over care at the Morecambe Bay NHS foundation trust has accused Andrew Lansley, the former health secretary, of giving an inaccurate account of the circumstances in which she spoke out.
Kay Sheldon, a board member at the troubled Care Quality Commission, disputed Lansley's account of events that he gave in an interview on Sunday, and repeated claims that she had been threatened with being fired.Kay Sheldon, a board member at the troubled Care Quality Commission, disputed Lansley's account of events that he gave in an interview on Sunday, and repeated claims that she had been threatened with being fired.
"Andrew Lansley only backed down because I threatened legal action," Sheldon said. "I heard and read what he has been saying, and it does not accord with the events that happened.""Andrew Lansley only backed down because I threatened legal action," Sheldon said. "I heard and read what he has been saying, and it does not accord with the events that happened."
The clash between the whistleblower and the former Conservative health secretary arose after Sheldon became concerned that the CQC had decided to register the failing Morecambe Bay NHS foundation trust as fully compliant – meaning it provided adequate care – in 2010.The clash between the whistleblower and the former Conservative health secretary arose after Sheldon became concerned that the CQC had decided to register the failing Morecambe Bay NHS foundation trust as fully compliant – meaning it provided adequate care – in 2010.
Documents seen by the Guardian indicate that Lansley protected Sheldon only after he was faced with criminal proceedings for threatening to sack her.Documents seen by the Guardian indicate that Lansley protected Sheldon only after he was faced with criminal proceedings for threatening to sack her.
Sheldon hired lawyers to argue that, as a whistleblower, she was safeguarded by the Public Interest Disclosure Act, after Lansley took steps to remove her from the board of the commission. Within three months the former health secretary had folded. Not only was Lansley forced to pay legal costs, thought to be worth thousands of pounds, from the public purse, he also failed in his attempt to gag Sheldon about the eventual settlement.Sheldon hired lawyers to argue that, as a whistleblower, she was safeguarded by the Public Interest Disclosure Act, after Lansley took steps to remove her from the board of the commission. Within three months the former health secretary had folded. Not only was Lansley forced to pay legal costs, thought to be worth thousands of pounds, from the public purse, he also failed in his attempt to gag Sheldon about the eventual settlement.
Sheldon, who was last week vindicated when the new leadership of the CQC published a damning indictment into its handling of Morecambe Bay, decided to go public after Lansley over the weekend had claimed that he "chose not to remove her" and had given her whistleblower status.The former health secretary, who is now leader of the Commons, told Sky News on Sunday that he had rejected a recommendation from Jo Williams, the former chair of the commission, to remove Sheldon.Sheldon, who was last week vindicated when the new leadership of the CQC published a damning indictment into its handling of Morecambe Bay, decided to go public after Lansley over the weekend had claimed that he "chose not to remove her" and had given her whistleblower status.The former health secretary, who is now leader of the Commons, told Sky News on Sunday that he had rejected a recommendation from Jo Williams, the former chair of the commission, to remove Sheldon.
"Contrary to what she [Williams] recommended, I said I would see Kay Sheldon, and I did; that I would give her an opportunity to comment, and she did; and I didn't remove her from the board.""Contrary to what she [Williams] recommended, I said I would see Kay Sheldon, and I did; that I would give her an opportunity to comment, and she did; and I didn't remove her from the board."
Sheldon's term on the board runs out this November, and she says that Department of Health has marked her out as a troublemaker. She says that her personal data file from the department "indicates that although I was not dismissed in 2012, a 'long term view' of my dismissal was taken. It's clear that I am being managed until the end of my current appointment, even though I've made it clear I would like to be re-appointed and be part of CQC's future."Sheldon's term on the board runs out this November, and she says that Department of Health has marked her out as a troublemaker. She says that her personal data file from the department "indicates that although I was not dismissed in 2012, a 'long term view' of my dismissal was taken. It's clear that I am being managed until the end of my current appointment, even though I've made it clear I would like to be re-appointed and be part of CQC's future."
She believes that Lansley, initially sympathetic to her, had not wanted to hear her complaint that the regulator was failing in its statutory duties to act quickly when standards are not being met. Sheldon pointed out to Lansley that less than a year after being approved by the CQC there were reviews of emergency and maternity services at Morecambe Bay trust – which covers hospitals in Barrow, Morecambe, Lancaster and Kendal.She believes that Lansley, initially sympathetic to her, had not wanted to hear her complaint that the regulator was failing in its statutory duties to act quickly when standards are not being met. Sheldon pointed out to Lansley that less than a year after being approved by the CQC there were reviews of emergency and maternity services at Morecambe Bay trust – which covers hospitals in Barrow, Morecambe, Lancaster and Kendal.
By the end of 2011, regulators concluded "significant risk to the safety of mothers and their babies which the trust had not identified and therefore not managed". Sheldon said she had been "deeply disturbed" that despite numerous failings there was little follow up from the CQC to ensure the hospitals had complied. The trust is now at the centre of a police investigation after the deaths of a number of babies.Last night the Department of Health said: "Kay Sheldon is on the CQC board and her term of office does not expire until the end of November. Decisions regarding any future appointments or reappointments to the board will be considered at the appropriate time."By the end of 2011, regulators concluded "significant risk to the safety of mothers and their babies which the trust had not identified and therefore not managed". Sheldon said she had been "deeply disturbed" that despite numerous failings there was little follow up from the CQC to ensure the hospitals had complied. The trust is now at the centre of a police investigation after the deaths of a number of babies.Last night the Department of Health said: "Kay Sheldon is on the CQC board and her term of office does not expire until the end of November. Decisions regarding any future appointments or reappointments to the board will be considered at the appropriate time."
Meanwhile, the former CQC chief executive alleged to have been involved in the cover-up of failures over deaths of babies at Morecambe Bay NHS foundation trust, has broken her silence to claim that she has been "hung out to dry" by the CQC.Meanwhile, the former CQC chief executive alleged to have been involved in the cover-up of failures over deaths of babies at Morecambe Bay NHS foundation trust, has broken her silence to claim that she has been "hung out to dry" by the CQC.
Denying allegations that she and former colleagues suppressed a critical CQC internal report, Cynthia Bower told the Independent: "All I can say is I didn't say it [delete the report], no one else said it and the report still exists." She said she was taking legal advice on how to respond to the allegations. "I am unemployable. I have been accused of suppressing a report about babies dying in hospital. Who wants to give me a job?"Denying allegations that she and former colleagues suppressed a critical CQC internal report, Cynthia Bower told the Independent: "All I can say is I didn't say it [delete the report], no one else said it and the report still exists." She said she was taking legal advice on how to respond to the allegations. "I am unemployable. I have been accused of suppressing a report about babies dying in hospital. Who wants to give me a job?"
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